Survivors of sex crimes should be aware of the different degrees of sexual assault. Here is everything you need to know about 3rd-degree sexual assault.
Laws on 3rd Degree Sexual Assault
The law generally states that a person guilty of third-degree sexual assault is an adult (or above the age of consent) who has engaged in sexual penetration with another person who is under the age of legal consent. This definition tends to apply to most of the 50 states. 3rd-degree sexual assault tends to be defined by the age range of the victim and the age of the perpetrator. 3rd-degree sexual assault generally involves survivors who are in their teenage years because of the tendency for 3rd-degree sexual assault to be determined by the age differences between survivors and perpetrators or how close the survivor is to the age of legal consent
It is important to note that laws regarding 3rd-degree sexual assault may differ from state to state (the age of legal consent tends to be the biggest difference), so survivors should check the laws within theirs.
What is the Age of Legal Consent
The age of legal consent is set by state law and is the age at which a person can legally give their consent to engage in sexual activity. Because of the differences in state laws in regards to the legal age of consent, 3rd-degree of sexual assault laws will differ across the nation.
Related: Degrees of Sexual Assault in Ohio: 1st, 2nd, 3rd
Federally, the legal age of consent is eighteen. Different states will set the age of consent from sixteen to eighteen. In some states, it is legal for minors to engage in sexual activity so long as there is an age gap of no more than a determined number of years between the couple. The following is a breakdown of the legal age of consent for all 50 states. If applicable to the state, the acceptable age difference to engage in sexual activity between couples will be included in parenthesis next to the name of the state.
States where the age of consent is 18 years of age:
Arizona (2, but the defendant must be in high school and < 19), California, Delaware, Florida, Idaho, North Dakota, Oregon (3), Tennessee (4), Utah (10), Virginia, Wisconsin
States where the age of consent is 17 years of age:
Colorado (4 if victim is < 15, 10 if victim is < 17), Illinois, Louisiana (3 if victim is < 15, 2 if victim is < 17), Missouri, New York, Texas (3)
States where the age of consent is 16 years of age:
Alabama (2), Alaska (3), Arkansas (3 if the victim is < 14), Connecticut (2), Georgia, Hawaii (5), Indiana, Iowa (4), Kansas, Kentucky, Maine (5), Maryland (4), Massachusetts, Michigan, Minnesota (3 if the victim is < 13, 2 if the victim is < 16), Mississippi (2 if the victim is < 14, 3 if the victim is < 16), Montana, Nebraska, Nevada, New Hampshire, New Jersey (4), New Mexico (4), North Carolina (4), Ohio, Oklahoma, Pennsylvania (4), Rhode Island, South Carolina (unacceptable if the victim is 14-16 and defendant is older than the victim), South Dakota (3), Vermont, Washington (2 if the victim is < 12, 3 if the victim is < 14, 4 if the victim is < 16), West Virginia (4 if the victim is at least 11), Wyoming (4), District of Columbia (4)
Punishments for 3rd Degree Sexual Assault
If convicted of 3rd-degree sexual assault, the perpetrator may face different sentences or punishments depending on the state they are in. Overall, 3rd-degree sexual assault tends to be charged as a misdemeanor crime though sentences may depend on the severity of the crime. Survivors are strongly advised to contact a lawyer if they wish to press charges for 3rd-degree sexual assault or any other type of sex crime.
Related: Sexual Assault on College Campuses
If a person wishes to check the specific laws and definitions surrounding 3rd-degree sexual assault, they can go to this resource to check laws in their specific state.
Resources for Survivors of Sex Crimes
National Sexual Assault Hotline
- Online chat hotline
- Spanish online chat hotline
- Telephone hotline: (800) 656-HOPE (4673)
National Helpline for Male Survivors
National Street Harassment Hotline
- Online chat hotline
- Telephone hotline: (855) 897-5910
National Domestic Violence Hotline
- Online chat hotline
- Telephone hotline: (800) 799-SAFE
National Center for Missing and Exploited Children
- Telephone hotline: (800) THE-LOST (843-5678)
United States Department of Health and Human Services
Adult Survivors of Child Abuse Organization
- http://www.ascasupport.org/
- Telephone: (415) 928-4576
Directory of Crime Victim Services
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If you or a loved one would like to learn more about 3rd Degree Sexual Assault, get your free consultation with one of our Women’s Rights Attorneys today!